John Mutembei v Republic [2017] KEHC 3235 (KLR)
- Citation
- [2017] KEHC 3235 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- MM Kasango
- Case number
- Criminal Revision 13 of 2017
- Language
- English
More details
- Court
- High Court
- Panel
- MM Kasango
- Case number
- Criminal Revision 13 of 2017
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court exercised its revisionary jurisdiction under Sections 362 to 379 of the Criminal Procedure Code, finding that the sentence of a fine of Ksh. 100,000 in default of 2 years imprisonment was excessive. The court substituted the default custodial sentence with a term of 12 months imprisonment, holding that this was a more appropriate and proportionate penalty in the circumstances. The fine itself remained unchanged.
Court disposition
sentence revised and substituted
Orders
- The sentence of John Mutembei is revised from a fine of Ksh. 100,000 in default 2 years imprisonment to a fine of Ksh. 100,000 in default 12 months imprisonment from the date of sentence in the lower court.
02
Material facts
Parties
John Mutembei
ApplicantRepublic
RespondentAmounts and remedies
- Fine Imposed: KES 100,000
03
Procedural history
Posture
Criminal Revision / Sentence Revision
04
Questions and positions
Legal issues
- 01
Whether the sentence imposed by the lower court was appropriate and lawful under the Criminal Procedure Code.
- 02
Whether the applicant was entitled to a revision of sentence.
Party arguments
- Applicant
- The applicant sought revision of the sentence imposed by the Chief Magistrate’s Court, arguing that the sentence was excessive or otherwise not in accordance with the law.
- Respondent
- The respondent relied on the sentence as imposed by the lower court and did not appear to contest the application for revision.
05
Court’s reasoning
Legal principles
- 01
Criminal Procedure Code, Sections 362-379
The High Court has power to revise sentences imposed by subordinate courts under Sections 362 to 379 of the Criminal Procedure Code.
06
Ratio, limits and disposition
Ratio decidendi
The court exercised its revisionary jurisdiction under Sections 362 to 379 of the Criminal Procedure Code, finding that the sentence of a fine of Ksh. 100,000 in default of 2 years imprisonment was excessive. The court substituted the default custodial sentence with a term of 12 months imprisonment, holding that this was a more appropriate and proportionate penalty in the circumstances. The fine itself remained unchanged.
Court disposition
sentence revised and substituted
- The sentence of John Mutembei is revised from a fine of Ksh. 100,000 in default 2 years imprisonment to a fine of Ksh. 100,000 in default 12 months imprisonment from the date of sentence in the lower court.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL REVISION 13 OF 2017
JOHN MUTEMBEI …… APPLICANT
VERSUS
REPUBLIC ………….RESPONDENT
(Pursuant to an order issued by Chief Magistrate’s Court at Nanyuki on 24th February, 2017 in Nanyuki Chief Magistrate Criminal Case No. 662 of 2016)
4/10/2017
Before Justice Mary Kasango
C/A Njue/Mariastella
COURT IN CHAMBERS IN ABSENCE OF PARTIES.
ORDER
Pursuant to the powers of revision under Section 362 to 379 to the Criminal Procedure Code I review the sentence of John Mutembei from fine of Ksh. 100,000 in default 2 years imprisonment and SUBSTITUTE it with a fine of Ksh. 100,000 and in default 12 (twelve) months imprisonment from the date of sentence in the lower court.
Dated this 4th October, 2017
MARY KASANGO
JUDGE
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